Commercial real property: tenancy: abandonment.
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AB 2847 — Commercial real property: tenancy: abandonment.
Last action — Chaptered by Secretary of State - Chapter 104, Statutes of 2018.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 16, 2018. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
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Cleared a recorded vote
Passed 5 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Existing law provides that if a lessee of real property remains in possession after the expiration of the hiring and the lessor accepts rent from the lessee, the parties are presumed to have renewed the hiring on the same terms and for the same amount of time. This bill would make a nonsubstantive change to that provision. Existing law provides that real property shall be deemed abandoned by a lessee and the lease shall terminate if the lessor gives notice of belief of abandonment, and authorizes a notice of belief of abandonment to be given only where rent on the property has been due and unpaid for at least 14 consecutive days and the lessor reasonably believes that the lessee has abandoned the property. Existing law authorizes a notice of belief of abandonment to be served personally or mailed. This bill would, for commercial real property, authorize notice of belief of abandonment to be given where rent on the property has been due and unpaid for at least the number of days required for the lessee to declare a rent default under the terms of the lease, but in no case less than three days. The bill would authorize the notice of belief of abandonment of commercial real property to be sent by an overnight courier service. The bill would make conforming changes.
Bill Text
- Chaptered 07/16/18 - Chaptered Current pdf July 16, 2018
- Enrolled 07/03/18 - Enrolled pdf July 03, 2018
- Amended 06/19/18 - Amended Senate pdf June 19, 2018
- Amended 05/07/18 - Amended Assembly pdf May 07, 2018
- Amended 03/22/18 - Amended Assembly pdf March 22, 2018
- Introduced 02/16/18 - Introduced pdf February 16, 2018
- AB2847 View text html
Action History
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Chaptered by Secretary of State - Chapter 104, Statutes of 2018.
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Approved by the Governor.
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Enrolled and presented to the Governor at 10:15 a.m.
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Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 6059.).
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In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 27 pursuant to Assembly Rule 77.
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Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 4880.).
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Read second time and amended. Ordered to consent calendar.
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From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 7. Noes 0.) (June 12).
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Referred to Com. on JUD.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 5167.)
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Ordered to third reading.
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From Consent Calendar.
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Read second time. Ordered to Consent Calendar.
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Read second time and amended. Ordered returned to second reading.
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From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 10. Noes 0.) (May 1).
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Re-referred to Com. on JUD.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
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Referred to Com. on JUD.
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From printer. May be heard in committee March 19.
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Read first time. To print.
Sponsors
- Blanca E. Rubio · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Rubio, Blanca E. Democratic
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 55 | 0 | 0 | 3 |
| Democratic | 16 | 0 | 0 | 0 |
| Republican | 6 | 0 | 0 | 0 |
| Total | 77 | 0 | 0 | 3 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Acosta | — | Yea |
| Baker | — | Yea |
| Bloom | — | Yea |
| Brough | — | Not Voting |
| Kiley | — | Yea |
| Mathis | — | Yea |
| Melendez | — | Yea |
| Quirk | — | Yea |
| Thurmond | — | Yea |
| Weber | — | Yea |
| Chau | — | Yea |
| Chu | — | Yea |
| Gloria | — | Yea |
| Low | — | Yea |
| Mayes | — | Yea |
| Medina | — | Yea |
| Mullin | — | Yea |
| Gonzalez Fletcher | — | Yea |
| Nazarian | — | Yea |
| Rodriguez | — | Yea |
| Santiago | — | Yea |
| Ting | — | Yea |
| Fong | — | Yea |
| Salas | — | Yea |
| Voepel | — | Yea |
| Wood | — | Yea |
| Gray | — | Yea |
| Rubio | — | Yea |
| Rivas | — | Yea |
| Burke | — | Yea |
| Harper | — | Yea |
| Holden | — | Yea |
| Jones-Sawyer | — | Yea |
| Kamlager-Dove | — | Not Voting |
| Levine | — | Yea |
| Maienschein | — | Yea |
| McCarty | — | Yea |
| O'Donnell | — | Yea |
| Obernolte | — | Yea |
| Rendon | — | Yea |
| Steinorth | — | Yea |
| Waldron | — | Yea |
| Bigelow | — | Not Voting |
| Chiu | — | Yea |
| Chávez | — | Yea |
| Cooley | — | Yea |
| Cooper | — | Yea |
| Cunningham | — | Yea |
| Daly | — | Yea |
| Eggman | — | Yea |
| Frazier | — | Yea |
| Friedman | — | Yea |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Yea |
| Mark Stone | — | Yea |
| Travis Allen | — | Yea |
| Wendy Carrillo | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Chen, Phillip | Republican | Yea |
| Choi, Steven S. | Republican | Yea |
| Dahle, Megan | Republican | Yea |
| Flora, Heath | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 31 | 0 | 0 | 3 |
| Democratic | 5 | 0 | 0 | 0 |
| Total | 36 | 0 | 0 | 3 |
| % of votes cast | 92% | 0% | 0% | 8% |
How each member voted (39)
| Member | Party | Vote |
|---|---|---|
| Anderson | — | Not Voting |
| Bates | — | Yea |
| Bradford | — | Yea |
| Hill | — | Yea |
| Lara | — | Yea |
| Leyva | — | Yea |
| Moorlach | — | Yea |
| Nielsen | — | Yea |
| Skinner | — | Yea |
| Vidak | — | Yea |
| Wilk | — | Yea |
| Mitchell | — | Yea |
| Portantino | — | Yea |
| Hueso | — | Yea |
| Dodd | — | Yea |
| Cannella | — | Yea |
| Atkins | — | Yea |
| Fuller | — | Yea |
| Galgiani | — | Yea |
| Allen | — | Yea |
| De León | — | Yea |
| Chang | — | Yea |
| Glazer | — | Yea |
| Hernandez | — | Yea |
| Hertzberg | — | Yea |
| Beall | — | Yea |
| Monning | — | Yea |
| Morrell | — | Yea |
| Pan | — | Yea |
| Roth | — | Yea |
| Wieckowski | — | Not Voting |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Not Voting |
| Mark Stone | — | Yea |
| Jackson, Corey A. | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Anderson | — | Yea |
| Hertzberg | — | Yea |
| Monning | — | Yea |
| Wieckowski | — | Yea |
| Moorlach | — | Yea |
| Jackson, Corey A. | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 56 | 0 | 0 | 1 |
| Democratic | 15 | 0 | 0 | 0 |
| Republican | 6 | 0 | 0 | 0 |
| Total | 77 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (78)
| Member | Party | Vote |
|---|---|---|
| Acosta | — | Yea |
| Baker | — | Yea |
| Bloom | — | Yea |
| Brough | — | Yea |
| Harper | — | Yea |
| Jones-Sawyer | — | Yea |
| Low | — | Yea |
| Mathis | — | Yea |
| Melendez | — | Yea |
| O'Donnell | — | Yea |
| Quirk | — | Yea |
| Thurmond | — | Yea |
| Waldron | — | Yea |
| Fong | — | Yea |
| Gloria | — | Yea |
| Gonzalez Fletcher | — | Yea |
| Chau | — | Yea |
| Chu | — | Yea |
| Mayes | — | Yea |
| Medina | — | Yea |
| Rodriguez | — | Yea |
| Santiago | — | Yea |
| Ting | — | Yea |
| Salas | — | Yea |
| Burke | — | Yea |
| Frazier | — | Yea |
| Friedman | — | Yea |
| Gray | — | Yea |
| Holden | — | Yea |
| Rubio | — | Yea |
| Kamlager-Dove | — | Yea |
| Kiley | — | Yea |
| Levine | — | Yea |
| Maienschein | — | Yea |
| McCarty | — | Yea |
| Mullin | — | Yea |
| Bigelow | — | Yea |
| Chiu | — | Yea |
| Chávez | — | Yea |
| Cooley | — | Yea |
| Nazarian | — | Yea |
| Obernolte | — | Yea |
| Rendon | — | Yea |
| Steinorth | — | Yea |
| Voepel | — | Yea |
| Weber | — | Yea |
| Wood | — | Yea |
| Cooper | — | Yea |
| Eggman | — | Yea |
| Cunningham | — | Yea |
| Daly | — | Yea |
| Cristina Garcia | — | Not Voting |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Yea |
| Mark Stone | — | Yea |
| Travis Allen | — | Yea |
| Wendy Carrillo | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Chen, Phillip | Republican | Yea |
| Choi, Steven S. | Republican | Yea |
| Dahle, Megan | Republican | Yea |
| Flora, Heath | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 2 | 0 | 0 | 0 |
| Unaffiliated | 8 | 0 | 0 | 0 |
| Total | 10 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Maienschein | — | Yea |
| Chau | — | Yea |
| Gonzalez Fletcher | — | Yea |
| Holden | — | Yea |
| Kiley | — | Yea |
| Chiu | — | Yea |
| Cunningham | — | Yea |
| Mark Stone | — | Yea |
| Kalra, Ash | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
Subjects
Frequently asked questions
- What does AB 2847 do?
- Existing law provides that if a lessee of real property remains in possession after the expiration of the hiring and the lessor accepts rent from the lessee, the parties are presumed to have renewed the hiring on the same terms and for the same amount of time. This bill would make a nonsubstantive change to that provision. Existing law provides that real property shall be deemed abandoned by a lessee and the lease shall terminate if the lessor gives notice of belief of abandonment, and authorizes a notice of belief of abandonment to be given only where rent on the property has been due and unpaid for at least 14 consecutive days and the lessor reasonably believes that the lessee has abandoned the property. Existing law authorizes a notice of belief of abandonment to be served personally or mailed. This bill would, for commercial real property, authorize notice of belief of abandonment to be given where rent on the property has been due and unpaid for at least the number of days required for the lessee to declare a rent default under the terms of the lease, but in no case less than three days. The bill would authorize the notice of belief of abandonment of commercial real property to be sent by an overnight courier service. The bill would make conforming changes.
- Who sponsors AB 2847?
- AB 2847 is sponsored by Rubio, Blanca E. (Democratic).
- What is the current status of AB 2847?
- This bill has been enacted into law. Introduced February 16, 2018. Enacted.
- Where can I track AB 2847?
- Track AB 2847 free on One Click Politics — get push/email alerts when it moves.
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